After a commercial truck crash in Los Angeles, you have two years from the wreck to file an injury claim under Code of Civil Procedure §335.1. Trucking companies, drivers, and cargo loaders can all share fault under federal FMCSA rules and California law. Evidence like the electronic logging device data and the dashcam footage can disappear within thirty days, so act early. Burg & Brock has handled truck cases across LA County since 1996. Call (818) 873-9216 for a free case review.
Truck-crash work spans many vehicle classes. Below are the variants and Los Angeles-area cities where our team has handled commercial-vehicle and delivery-truck claims.
Talk to one of our attorneys: Cameron Yadidi Brock · Artin Fiterz, Esq. · Greg Diarian · Craig D. Rackohn · Lena G. Karaminassian · Isaac Radnia
Commercial truck cases combine California negligence law with the Federal Motor Carrier Safety Regulations. Hours-of-service rules at 49 CFR section 395.3 limit driving to 11 hours after 10 consecutive hours off duty. Pre-trip inspection requirements live at 49 CFR section 392.7, and driver qualification files are governed by 49 CFR section 391.51. Underride and rear impact guards are required under 49 CFR section 393.86. Federal regulations are searchable at eCFR Title 49.
On the state side, California Vehicle Code Division 14.8 (sections 34500 et seq.) governs motor carriers of property, including the registration of commercial fleets and the authority of the California Highway Patrol to inspect them. CVC section 22406 limits trucks to 55 mph on California highways. Personal injury limits run two years under CCP section 335.1, and Proposition 51 (Civil Code section 1431.2) limits each defendant's liability for non-economic damages to their percentage of fault.
Vicarious liability and direct corporate fault overlap in trucking cases. Diaz v. Carcamo (2011) 51 Cal.4th 1148 held that when an employer admits respondeat superior, separate negligent-hiring and negligent-retention claims against the employer add nothing for ordinary damages and are barred. The decision reshaped how plaintiffs plead trucking cases, particularly when punitive damages are not at issue. The plaintiff bar generally preserves negligent-hiring claims for cases where punitive damages are pled, since those claims continue to support exposure to punitives even after Diaz.
Damages doctrines from Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 and the related Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266 apply with full force in truck cases. Comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 remains the rule. Trucking-specific defects are analyzed under Soule v. General Motors Corp. (1994) 8 Cal.4th 548 when issues such as underride guards, tire delamination, or trailer-coupling failures contribute to the injuries. Verify each citation at Justia California Case Law.
Truck cases involve federally regulated motor carriers, far higher policy limits, and a much larger evidence universe. Hours-of-service logs, electronic logging device data, dispatch records, driver qualification files, drug and alcohol test records, and post-incident inspection reports all matter. Multiple defendants are common, including the driver, the motor carrier, the trailer owner, the cargo loader, and any maintenance contractor. Federal regulations supply negligence-per-se theories that frequently strengthen liability. The combination of those factors typically drives substantially higher case values.
Liability often extends beyond the driver to the motor carrier under respondeat superior, the broker who arranged the load, the shipper who loaded the cargo, the trailer owner under graves-amendment exceptions, the maintenance vendor under negligent service, and component manufacturers under product liability. Federal lease regulations make the registered carrier responsible for the operation of the truck regardless of who actually employs the driver. Identifying every potentially responsible party early is essential because evidence preservation letters must reach all of them.
Adult plaintiffs have two years from the crash under California Code of Civil Procedure section 335.1. Federal claims tied to the same crash, such as those under federal regulation enforcement, may have shorter periods. Public-entity defendants, including Caltrans for road defects, require a six-month government claim under Government Code section 911.2. Wrongful-death claims must also be filed within two years under section 335.1. The complexity of preserving evidence in trucking cases makes early retention of counsel particularly important.
The carrier's electronic logging device captures driving time, on-duty time, and rest periods to verify hours-of-service compliance. Engine control modules record speed, brake application, and throttle position in the seconds before impact. Dashcam footage, dispatch communications, fuel-receipt timestamps, and cell-phone records reconstruct driver activity. The driver qualification file under 49 CFR 391.51 documents medical certification, training, and prior driving record. All of this evidence has short retention periods and requires preservation letters within days of the crash.
Yes. Violations of federal motor carrier safety regulations are admissible to support negligence-per-se theories in California state court. The CACI jury instructions accommodate negligence-per-se claims based on regulations promulgated under federal law. Common citations include hours-of-service violations, missed pre-trip inspections, expired medical certifications, and missing rear underride guards. Expert testimony from former Federal Motor Carrier Safety Administration investigators is often used to explain the regulations and the carrier's compliance failures to the jury.
Yes. California courts have personal jurisdiction over interstate motor carriers that operate on California roads, deliver to California shippers, or pick up California loads. The motor carrier's registered agent in California can be served, and the case proceeds in the county where the crash occurred. Federal venue alternatives are also available. Out-of-state carriers cannot use distance as a defense once they entered the California market, and most national carriers have litigation counsel ready to defend cases in every state.
Federal lease regulations under 49 CFR Part 376 generally make the registered motor carrier responsible for the operation of any truck displaying its DOT number, regardless of whether the driver is technically employed or leased. The Graves Amendment limits some claims against trailer-only lessors, but it does not protect the registered carrier. California's ABC test under Dynamex Operations W. v. Superior Court applies to misclassification disputes. The combination of federal and state law typically defeats independent-contractor defenses in trucking cases.
Catastrophic damages combine past and future medical expenses, lost earnings and earning capacity, life-care plans for residential support, durable medical equipment, home modification, and pain and suffering. Treating physicians, life-care planners, and economists develop the future-damages line items. For traumatic brain and spinal cord injuries, the future-medical category routinely exceeds several million dollars. Loss of consortium claims by spouses, and parental association claims for minor children, also belong in catastrophic cases. Punitive damages may be available in egregious carrier-conduct cases.
Federally regulated motor carriers must carry at least $750,000 in liability coverage under 49 CFR section 387.9, with $1 million typical for general freight and $5 million required for hazardous materials. California Vehicle Code section 34630 imposes parallel requirements on motor carriers of property. Higher limits are common in fleet operations and Fortune-500 shippers. Multiple policies often stack in trucking cases, including the carrier's primary, the broker's contingent coverage, and shipper liability insurance, which is why insurance investigation is a priority task.
A preservation letter notifies the carrier and other defendants that specific evidence must be retained for the litigation, including ELD data, dashcam footage, dispatch records, the truck and trailer themselves, the driver qualification file, drug and alcohol test results, and maintenance records. Failure to preserve after notice can result in spoliation sanctions, including adverse-inference jury instructions and evidentiary preclusion. Letters typically go out within days of retention and are followed by independent inspections of the truck and trailer before they are released or repaired.
Yes, when the plaintiff shows malice, oppression, or fraud by clear and convincing evidence under Civil Code section 3294. Common patterns supporting punitives include systemic hours-of-service falsification, knowing dispatch of an unqualified driver, ignoring failed inspections, and allowing impaired or fatigued drivers on the road. Punitives must be alleged as to the corporate defendant, and a managing-agent ratification finding is required under section 3294(b). Prior crash and inspection histories are typically subpoenaed to support both liability and the punitive case.
Burg & Brock handles truck crash cases on a contingency fee under Business & Professions Code section 6147, meaning no attorney fee unless there is a recovery. Case costs, including expert engineers, medical experts, deposition reporters, and trial graphics, are advanced by the firm and reimbursed only from any settlement or judgment. The fee schedule is disclosed in writing at the outset, and the client controls all settlement decisions. Initial consultations are free and confidential, and case evaluation typically begins within 24 hours.
| Severity Tier | Typical Injuries | Settlement Range |
|---|---|---|
| Tier 1 — Minor | Soft tissue, no surgery, brief treatment | $25,000 — $100,000 |
| Tier 2 — Moderate | Disc injuries, injections, lasting symptoms | $100,000 — $400,000 |
| Tier 3 — Serious | Fractures, single surgery, residual disability | $400,000 — $1,500,000 |
| Tier 4 — Severe | Multiple surgeries, permanent impairment | $1,500,000 — $5,000,000 |
| Tier 5 — Catastrophic | TBI, spinal cord, paralysis, wrongful death | $5,000,000+ |
Past results do not guarantee future outcomes. Each case is unique and case results depend on a variety of factors.
Cases filed in Los Angeles County are routed by the location of the incident and the residence of the parties. Most personal injury filings are handled at the Stanley Mosk Courthouse at 111 N. Hill Street, which serves as the central civil hub. West-side incidents may be filed at the Santa Monica Courthouse, while events in the eastern San Fernando Valley typically route to the Van Nuys Courthouse East. South Bay matters proceed at the Torrance Courthouse, and South-Central LA cases are handled at the Compton Courthouse. Long Beach and the surrounding ports route to the Governor George Deukmejian Courthouse. Federal claims, including those involving federal preemption or diversity jurisdiction, are filed in the U.S. District Court for the Central District of California.
This page is reviewed by Artin Fiterz, a Burg & Brock attorney whose practice focuses on commercial trucking, hazardous materials, and interstate motor carrier liability. Artin handles cases that involve the full Federal Motor Carrier Safety Regulations universe, from hours-of-service violations to defective underride guards, and works with former FMCSA investigators, accident reconstructionists, and biomechanical engineers to build trucking case files that survive preemption and corporate-defense challenges.
Artin Fiterz is admitted in California and verified at Cal Bar #323879. Reviewed by Artin Fiterz, CA Bar #323879. Last updated: 2026-05-08.
Attorney Advertising. The information on this page is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Truck cases involve federal regulations under 49 CFR Part 395 (hours of service), Part 396 (vehicle inspection), and Part 391 (driver qualifications). Multiple defendants are usually liable: the driver, the trucking company, the cargo loader, sometimes the truck manufacturer. Damages tend to be larger because injuries are more severe.
Commercial truck policies typically carry $750,000 to $1 million minimum in liability coverage, often more. Settlements for moderate injuries run $200,000 to $750,000. Catastrophic cases involving wrongful death or paralysis routinely exceed $2 to $5 million. Burg & Brock has recovered a $4.5 million truck accident verdict.
Liability often spreads across the driver, the trucking company (under respondeat superior), the cargo loader, the truck owner if different from the operator, the maintenance contractor, and sometimes the manufacturer of a defective component. Each adds a layer of insurance coverage.
The electronic logging device (ELD) data, the driver's qualification file, dispatch records, maintenance logs, the truck's black box (ECM data), and cargo manifest. Send a litigation hold letter within 48 hours. Trucking companies sometimes overwrite or destroy records on a routine schedule.
Two years from the date of the accident under Code of Civil Procedure section 335.1, same as auto cases. Wrongful death is also two years. Cases against a government-owned vehicle require a tort claim notice within six months.
Federal motor carrier law applies through the Federal Motor Carrier Safety Administration (FMCSA), so the rules are uniform. The case is typically venued in California if the crash happened in California, regardless of the truck's home state. Out-of-state trucking companies are subject to California personal jurisdiction.
Contingency. No fee unless we recover. The standard split is 33 and 1/3 percent before suit, 40% after suit is filed. Case costs (experts, depositions, court fees) come out of the settlement, not your pocket.
No. Trucking company insurers are aggressive and often offer fast lowball settlements before you know the full extent of your injuries. Refer all calls to your attorney. Anything you say can be used to reduce your claim value.
Hours-of-service violations under 49 CFR section 395.3 establish strong evidence of negligence. Speeding combined with fatigue can support a punitive damages claim under Civil Code section 3294 if the conduct shows conscious disregard for safety.
Most settle before trial. Trucking insurers usually pay fair value once liability and damages are documented. About 90% of our truck cases settle in the 12 to 24 month range. We file suit when the carrier refuses to pay fair value.
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